Statutes of Limitations for Pedestrian Accidents in New York

Key Takeaways:

• The statute of limitations is a legal timeframe within which you must file your lawsuit.
• In New York, the general statute of limitations for personal injury cases, including pedestrian accidents, is three years from the date of the accident.
• For wrongful death claims, the statute of limitations is two years from the date of death.
• There are special considerations and exceptions, such as cases involving minors or governmental entities, which can either extend or shorten these time limits.

General Statute of Limitations for Personal Injury

Three-Year Time Limit

• You have three years from the date of the accident to file a lawsuit for a personal injury claim in New York.

Why It Matters?

• Missing this deadline could result in your case being dismissed, leaving you without any legal avenues to pursue compensation.

Wrongful Death Claims

Two-Year Time Limit

• In cases where a pedestrian accident leads to death, the surviving family has two years from the date of death to file a wrongful death claim.

Why It Matters?

• Failing to file within this period will likely result in the case being dismissed, denying the family any chances of receiving compensation for their loss.

Exceptions and Special Considerations

Minors

• If the victim is a minor, the statute of limitations generally does not begin to run until the minor turns 18.

Cases Against Governmental Entities

• If you are filing a claim against a city or state entity in New York, a Notice of Claim generally must be filed within 90 days of the accident, and the lawsuit itself must be initiated within one year and 90 days.

Discovery Rule for Late Manifesting Injuries

• In certain cases, if the injuries are not immediately apparent and are discovered later, the clock may start ticking from the date of discovery rather than the date of the accident.

Contact The Orlow Firm Today (646) 647-3398

Understanding the statute of limitations relevant to pedestrian accidents in New York is essential for safeguarding your legal rights. These timeframes can vary based on specific circumstances, making it vital to consult with knowledgeable New York City Personal Injury Attorneys. At The Orlow Firm, we are committed to providing timely and effective legal guidance to help you navigate these critical deadlines. For a comprehensive evaluation of your case and its applicable timelines, contact us today.